BALTIMORE (WJZ) — The race for Baltimore City’s top prosecutor may not be over. The Board of Elections ruled against attorney Russell Neverdon’s petition to run as an independent—but Neverdon says he’s not giving up.

Political reporter Pat Warren has the latest in the city state’s attorney’s race.

Russell Neverdon says he’s not finished.

“I will not give up on my city,” he said.

The Baltimore attorney wants to run as an independent in the general election for city’s state’s attorney.

Democrat Marilyn Mosby won the party’s primary in June in an upset victory over incumbent Gregg Bernstein.

Neverdon’s supporters gathered 6,000 signatures to put his name on the November ballot as an independent but the Board of Elections declared 2,500 of those signatures invalid, leaving him 1,000 short of the minimum required by law. Neverdon is appealing the count.

“We believe that of the numerical breakdown, there were numerous signatures that should be counted. We’ve gone through the process ourselves with respect to names, signature—we made sure the documentation from top to bottom was complete,” he said.

If the board’s decision stands, Mosby will run unopposed.

“I think the Democratic process is played out and I commend Attorney Russell Neverdon for entering this race. It’s not easy to run for public office. I’m also very excited about the transition in moving our cit forward. It’s time to start focusing on these violent repeat offenders and that’s what I intend to do,” Mosby said.

Neverdon is focused on his appeal and says he’s consider campaigning as a write-in candidate.

“We’re going to continue to fight for Baltimore. It is my goal to take care of the very city that helped raise me, that took care of me and I’m going to take care of it,” he said.

Neverdon’s appeal is underway—and the clock is ticking. Neverdon’s appeal would be heard in Baltimore Circuit Court.